Legal Opinion

Manorcare Health Services, Inc. v. Gipson

District Court of Appeal of Florida

Decided August 7, 2013No. 4D13-605Published

1Per curiam

Petitioners seek a writ of prohibition to review the denial of their motion to disqualify the trial judge. We grant the petition, because after voluntarily disclosing her relationship with the Manor Care facility during a pretrial hearing, the trial judge invited the parties to file a motion to disqualify and suggested that such a motion would be granted, if filed. See State v. Borrego, 105 So.3d 616, 620 (Fla. 3d DCA 2013)(holding that “where a judge makes a disclosure, invites the parties to file a motion to disqualify him, and suggests that such a motion will be granted, the motion, if…

2Cases cited3 opinions

  1. State v. BorregoDistrict Court of Appeal of Florida · 2013
  2. Cousins Restaurant Associates, L.P. v. TGI Friday's Inc.District Court of Appeal of Florida · 2001
  3. Stevens v. Americana Healthcare Corp.District Court of Appeal of Florida · 2006

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